[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook
9-9-2002 by L.L. No. 3-2002. Amendments noted where applicable.]
The purpose of this chapter is to establish regulations that prevent
improper alteration of steep slopes. The intent is not to restrict general
development but to guide land use proposals into areas where they best enhance
these natural resources and preserve the visual character of land.
A.
Steep slopes and adjacent watercourses and wetlands have
been and are in jeopardy of being damaged and destroyed by unregulated filling,
excavating, building, clearing and grading, and other such acts inconsistent
with the natural conditions of steep slopes. Steep slopes are environmentally
sensitive landforms and valuable natural resources, which are of benefit to
the entire municipality and the surrounding region. The environmental sensitivity
of steep slopes often results from such features as rock outcrops, shallow
soils over bedrock, bedrock fractures, groundwater seeps, watercourses, and
wetlands found on or immediately adjacent to steep slopes.
B.
Protection of steep slopes is a matter of concern to
the entire municipality. The establishment of regulatory and conservation
practices in this critical area is needed to protect the public health, safety,
and general welfare.
C.
Improperly managed disturbances of steep slopes can aggravate
erosion and sedimentation beyond rates experienced in the natural geomorphologic
processes. Erosion and sedimentation often include the loss of topsoil, a
valuable natural resource, and can result in the disturbance of habitats,
the degradation of the quality of surface water, the silting of wetlands,
the alteration of drainage patterns, obstruction of drainage structures, and
the intensification of flooding.
D.
Inadequately controlled disturbance of certain steep
slopes can lead to the failure of slopes and the mass movement of earth, rockslides
and landslides, damage to the natural environment, threats to man-made structures
and personal safety, and the degradation of aesthetics.
E.
Regulation of development on steep slopes is consistent
with the legitimate interests of landowners to make reasonable use of their
land. Regulation can prohibit the degradation of steep slopes and allow reasonable
use of private property by encouraging flexible design of development so as
to avoid disturbance of steep slopes. Regulation can also permit management
and engineering practices to permit reasonable use of private property.
As used in this chapter, the following terms shall have the meanings
indicated:
Excavation or fill or any combination thereof, including the conditions
resulting from any excavation or fill.
Alteration of the surface or subsurface conditions of land, lakes,
ponds, or watercourses by excavating or filling.
Tree trimming and pruning, the removal of dead and/or diseased vegetation,
lawn and garden care and the planting of trees, shrubs, and/or herbaceous
plants.
The written form of municipal approval granted by the approving authority
and required for the issuance of a work permit and the conduct of any steep-slope-regulated
activity.
Ground areas with a slope greater than 20%, with a minimum area of
500 square feet, and that have a minimum dimension of 10 feet in a horizontal
plane.
A.
Exempt activities. Any land maintenance as defined in
this chapter is allowed without the need for obtaining a permit, provided
that any such activities conform to all other applicable laws of the municipality.
Developed lots of less than 0.5 acre in size shall be exempt from these regulations.
B.
Regulated activities. It shall be unlawful to create
any disturbance, other than an exempt activity, or to remove any tree with
a diameter greater than four inches as measured from four feet from ground
level, on any steep slope without a specific written permit as required by
this section.
The approval authority with respect to applications hereunder shall
be as follows:
A.
The Building Inspector shall be the approval authority
with respect to any application that requires the issuance of any permit or
approval, unless such application also requires Planning Board approval, in
which case the Planning Board shall be the approval authority.
B.
The Village Board of Trustees shall be the approval authority
with respect to any application that requires the issuance of any permit or
approval by it, unless such application also requires Planning Board approval,
in which case the Planning Board shall be the approval authority.
In denying, granting or granting with modifications any application for a permit, the approval authority shall consider the consistency of the proposed activity with the findings set forth in § 164-2 of this chapter and the following standards:
A.
Alterations of trees and forest and topographical alterations
on steep slopes shall conform with any applicable local, state or federal
regulation.
B.
Disturbance of areas with steep slopes shall conform
with the following provisions:
(1)
The planning, design, and development of buildings shall
provide the maximum structural safety, slope stability and human enjoyment
while adapting the affected site to, and taking advantage of, the best use
of the natural terrain.
(2)
The terracing of building sites shall be kept to an absolute
minimum.
(3)
Roads and driveways shall follow the natural topography
to the greatest extent possible in order to minimize the potential for erosion,
and shall be consistent with other applicable local regulations and current
engineering practices.
(4)
Replanting shall consist of vegetation most likely to
prevent future erosion, and shall consist of plants indigenous to the area
wherever possible.
(5)
The natural elevations and vegetative cover of ridgelines
shall not be disturbed.
(6)
Areas of regrading shall blend in with the natural contours
of the land. Cuts and fills shall be rounded off to eliminate sharp angles
at the top, bottom, and sides of regraded slopes.
(7)
The angle of cut and fill slopes shall not exceed a slope
of one vertical to two horizontal except where retaining walls, structural
stabilization, or other methods acceptable to the Village Engineer are used.
(8)
Tops and bottoms of cut and fill slopes shall be set
back from structures a distance that will ensure the safety of the structure
in the event of the collapse of the cut or fill slopes. Generally such distance
shall be considered to be six feet plus 1/2 the height of the cut or
fill. Nevertheless, a structure built on a slope or at the toe of a slope
is permitted if it is properly designed to retain the slope and withstand
the forces exerted on it by the retained slope.
(9)
Temporary soil stabilization, including, if appropriate,
measures such as netting or mulching to secure soil during the growing period,
must be applied to an area of disturbance within two days of establishing
the final grade, and permanent stabilization must be applied within 15 days
of establishing the final grade.
(10)
Measures for the control of erosion and sedimentation
shall be undertaken consistent with the Westchester County Soil and Water
Conservation District's Best Management Practices Manual for Erosion and Sediment
Control.
(11)
Topsoil shall be stripped from all areas of grading disturbance,
stockpiled and stabilized in a manner to minimize erosion and sedimentation,
and replaced elsewhere on the site at the time of final grading. Stockpiling
shall not be permitted on slopes of greater than 10%.
A.
Application for permit. An application for a permit to
alter a steep slope shall be filed with the approval authority. The application
shall contain the following information and such other information as required
by the approval authority:
(1)
The name and post office address of the owner and applicant.
(2)
The street address and Tax Map designation of property
covered by the application.
(3)
A statement of authority from the owner for any agent
making application.
(4)
A listing of property owners adjacent to, across streets
from, and downstream within 500 feet of the property as well as any additional
property owners deemed appropriate by the approval authority.
(5)
A statement of the proposed work and purpose thereof.
(6)
Copies, in such reasonable number as determined by the
approval authority, of plans for the proposed regulated activities drawn to
a scale of not less than one inch equals 50 feet (unless otherwise specified
by the approval authority). Such plans shall be sealed by a licensed engineer,
architect or landscape architect and shall show the following:
(a)
The location of the proposed construction or area of
disturbance and its relationship to the property lines, easements, buildings,
roads, walls, sewage disposal systems, wells, and wetlands within 100 feet
of the proposed construction or area of disturbance.
(b)
The estimated material quantities of excavation/fill.
(c)
The location of soil types in the area of the proposed
disturbance and within a distance of 100 feet.
(d)
The existing and proposed contours [National Geodetic
Vertical Datum (NGVD)] at two-foot intervals in the area of the proposed disturbance
and within 100 feet.
(e)
Cross sections of steep slopes areas.
(f)
Retaining walls and construction details.
(g)
The erosion and sedimentation control plan.
(h)
An application fee in the amount set forth in a fee schedule
established by the Village Board of Trustees.
B.
Notice. Upon receipt of a completed application under
this chapter, the approval authority shall cause notice of receipt of the
same to be mailed by first class mail to the adjoining property owners, including
those across the street from the subject property. Adjoining property owners
shall have a minimum of 10 days from the postmarked date of the notice mailing
to submit written comment on the application to the approval authority.
C.
Public hearing. A public hearing shall be held by the
approval authority on the application at such times, under such circumstances,
and upon such notice as may be required of such approval authority pursuant
to the local laws and ordinances of the Village.
D.
Action by the approval authority. In approving any application,
the approval authority may impose such conditions or limitations as it determines
necessary to ensure compliance with the intent, purposes, and standards of
this chapter.
(1)
On applications for which no public hearing is required,
a determination shall be made to approve, approve with modifications, or disapprove
the application within 60 days of receipt of a completed application, and
before any other approvals or permits dependent on the steep slope permit
are granted.
(2)
On applications for which a public hearing is required,
a determination shall be made to approve, approve with modifications, or disapprove
the application before any other approvals or permits dependent on the steep
slope permit are granted.
A.
Activities specified by the permit shall be undertaken
pursuant to any conditions of the permit and shall be completed according
to any schedule set forth in the permit.
B.
A permit shall expire on completion of the activities
specified and shall be valid for a period of one year from the date of approval.
C.
A permit may be renewed by the approval authority for
a period of up to one year.
D.
The approval authority may revoke or suspend a permit
if it finds that the applicant has not complied with any one or more of the
conditions or limitations set forth in the permit.
In granting a permit, the approval authority may require a security
(in an amount and with surety and conditions satisfactory to it), securing
to the Village compliance with the conditions and limitations set forth in
the permit.
A.
The approval authority may inspect, or have inspected
by its representative, activities undertaken pursuant to a permit to ensure
satisfactory completion.
B.
The approval authority may require that the applicant
submit for approval a detailed monitoring program, including but not necessarily
limited to written status reports at specified intervals documenting activities
undertaken pursuant to a permit.
C.
The approval authority may require that an appropriate
licensed professional supervise the activities undertaken pursuant to a duly
granted permit.
A.
Stop-work order. The Building Inspector is empowered
to issue a stop-work order to any person who has violated or threatens to
violate any provision of this chapter, has proceeded to work on steep slopes
without a valid permit to do so or who has failed to comply with any condition
or requirement of a permit issued pursuant to this chapter. Such stop-work
order shall be in writing and specify the violation(s) of this chapter. if
circumstances require, a notice of violation may be served with a stop-work
order, or a notice of violation may be served prior to the issuance of a stop-work
order. Such notices shall be served on the owner or owner's agent, personally
or by certified mail.
B.
Failure to stop work. Any person who fails to stop work
upon receipt of a stop-work order shall be guilty of a misdemeanor.
C.
Violations of permit requirements. Any person who, after
having been served with a notice of violation pursuant to this chapter, fails
to cure all such violations shall be guilty of a misdemeanor. The Building
Inspector is hereby empowered to issue an appearance ticket to the owner,
contractor or tenant.
D.
Notwithstanding the provisions of § 164-11B and C of this chapter, the Building Inspector is authorized, upon a resolution of consent by the Village Board, to apply for injunctive, declaratory and other ancillary relief to the Supreme Court to compel compliance with this chapter, in addition to other remedies permitted by law.
E.
Fines and penalties.
(1)
The maximum penalty for conviction of a misdemeanor pursuant
to this chapter shall be a fine not to exceed $500, or 30 days' imprisonment,
or both.
(2)
Where the Supreme Court finds that a defendant has violated
this chapter, a civil penalty may be imposed for each full week that such
violation(s) are not cured, the maximum weekly civil penalty being $1,000,
in addition to reasonable attorneys' fees and expert witness costs incurred
by the Village of Maybrook to enforce this chapter against the defendant(s).
If any clause, sentence or paragraph of this chapter shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall
not impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence or paragraph directly at issue.
Any person or persons affected by a determination of the Building Inspector,
the Village Board or the Planning Board with respect to a determination to
issue or deny a permit required by this chapter may bring an appeal or an
application for an interpretation of this chapter to the Zoning Board of Appeals
of the Village of Maybrook. The petition for such relief shall be filed with
the Zoning Board within 30 days from the date of the final determination to
be appealed.
